Document Type
Article
Publication Date
1-1871
Abstract
The distinctions between an action for a tort and one upon contract are such that where the one will lie the other generally will not; but there are nevertheless some cases in which either may be brought at the election of the party injured. Thus, it is sometimes the case, that, in a business relation, the law makes it the duty of a party to observe a certain course of conduct with regard to the rights of others, where by contract he has also undertaken for the same thing; and in such a case a breach of duty is coincident with a breach of the contract, and the party damnified has his election to sue either for the tort or upon the contract.
Recommended Citation
Cooley, Thomas M. "Of the Right to Waive a Tort and Sue in Assumpsit." Bench & B. 2 (1871): 218-26.